KUZNIAR v. KEACH

No. 96-133-Appeal.

709 A.2d 1050 (1998)

Claire L. KUZNIAR v. David S. KEACH d.b.a. Keach Construction Co., et all.

Supreme Court of Rhode Island.

April 9, 1998.


Attorney(s) appearing for the Case

James E. Kelleher, Warwick, for Plaintiff.

Michael DeSisto, Gregory A. Madoian, Providence, for Defendant.

Before WEISBERGER, C.J., and LEDERBERG, FLANDERS and GOLDBERG, JJ.


OPINION

FLANDERS, Justice.

When, as here, a governmental entity and/or its officials are sued for alleged negligence, a Superior Court trial justice—rather than a jury—should determine the existence of any legal duties owing to the plaintiff and communicate to the jury what those duties consist of under the circumstances of the case. The trial justice should do so even when the existence of certain predicate, dutytriggering facts...

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